if we sent out notices that we were going to be doing a job for someone, then find out we are not going to do it- do we need to send out a form stating that?
1 reply
Aug 23, 2019
Preliminary notices don't actually state a claim. Rather, they're informational documents and, at least at the start of the job, they're mostly just for communication purposes. So, since the notice documents, themselves, don't have much effect beyond providing communication, there's generally no need to retract a previously sent notice. Rights to payment claims would only arise based on a notice if the work were actually performed.
With that being said, there is a large contingent of the industry that uses retraction letters in situations where a notice was sent but is no longer necessary. More on those here: How and Why to Send a Retraction Letter